


Unforgiven Pride: Notes on Snape's trial for war crimes and crimes against wizardking

by Laziza



Series: Unforgiven Pride [4]
Category: Harry Potter - J. K. Rowling
Genre: Work notes No story
Language: English
Status: Completed
Published: 2019-10-18
Updated: 2019-10-18
Packaged: 2020-12-22 18:03:23
Rating: Not Rated
Warnings: Graphic Depictions Of Violence, Rape/Non-Con, Underage
Chapters: 1
Words: 4,036
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/21080783
Author URL: https://archiveofourown.org/users/Laziza/pseuds/Laziza
Summary: This is not technically a story or a chapter, but some of the official background for the trial.





	Unforgiven Pride: Notes on Snape's trial for war crimes and crimes against wizardking

Not everything in often very thick investigation files gets publicly detailed or explained in a trial and neither will it happen in Unforgiven Pride, but I needed as plausible a judicial background as possible to work with, within the necessary limits of fiction and dramatic effects.

I find myself at a publishing standstill right now, not because I do not write (I do, but very slowly), but because I need to finish and be satisfied with all the trial chapters. The timing is very important and I am constantly going back and forth with the various witnesses, arguments and revelations. So, the bad news are that you will have to wait until I am finished with the trial to be able to read another chapter. The good news being that you will not have to wait one or two months between chapters when I am through. As a sort of compensation and because I am regularly asked when I will post next or if I am still working on the story, here is the material for Snape's trial. 

Now, I am certainly no law expert and what little I know is about the French judicial system, which is very different from Common Law based or inspired judicial systems. For example, we do not have any system of guilty-not guilty pleading system at this time, although there is a strong case to introduce it to help unify with most other legal systems in Europe.

I must offer a colossal tribute to Tra8erse, who helped me make sense of the British legal system and translate properly the charges. She is sorely missed!

**THE COMPLAINTS**:

The complaints may be faked and adapted to HP adult fan lore, they are unfortunately derived from real situations of rape and sexual abuse. This is the reason why I will not publish the details on Fanfiction.net or even in a proper chapter of the story here at AO3. I tried not to be crude but to walk the very fine line policemen and justice system employees have to walk when they have to report criminal facts. **TRIGGER WARNING**.

(all muggle-born names are invented, but you know, we are 7,7 billions, there’s bound to be homonyms...)

There are 15 complaints against Snape:

2 from Slytherin parents on behalf of the way their children were treated during the Battle of Hogwarts,

13 for rape or abuse of muggleborn students.

To be clear in terms of procedures, each complaint is supposed to be judged separately by a civil court, or in the case of the wizarding world by a regular Wizengamot session, but the complaints denounce crimes and breaking of the law, for which the Ministry sue Snape in the Plenary High Court.

The two complaints from Slytherin parents will go nowhere, of course. They will be repelled, since it is really Minerva who took the decisions, as already explained in chapters 11 & 12. I wrote them only to show that the side of the «Light» could be incriminated, too, if the real purpose was Justice for everyone, but the victims here are « just » Slytherins for the victors, just like Hermione was « just » a Mudblood for the Snatchers and for the pureblood supremacists. So, Minerva will never hear about it again, at least officially. Neither will Horace Slughorn, who is now celebrated for ‘fighting the right fight’.

We already know that the rape complaints are forgeries (although there are 5 real victims and 2 reported missing), but they must have the appearance of authenticity, both in the content and the respect of investigation procedures to be accepted by the Wizengamot. Maybe, some of you will say that you can see right through them and that such a botched investigation is impossible. I am most willing to be presented with evidence that procedures are always respected to the letter and that only foolproof evidence is ever used, particularly in highly sensitive or political issues or during ‘legal purges’, which is the context of Snape’s trial. Or even that Wizarding Britain is a democracy and not a ploutocracy.

I use the “progressive” definition of rape cited in Wikipedia about Rape during the Bosnian War : « the penetration of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body by force, coercion, taking advantage of a coercitive environment, or against a person unable to give genuine consent. » Under the English law the definition of rape is much narrower – you need penetration with a penis for it to be rape. Everything else is ‘assault by penetration’. The difference is technical – it does not mean that penetration with an object or any other means is less grave, just a different classification of offences. Though it does mean that only men can commit rape in this country and it is not consistent with the active role of witches in the HP universe and the power they wield.

I also gave several hints in previous chapters that prolonged Cruciatus, particularly aimed at the sexual organs, destroys fertility. It is my personal extrapolation for the purpose of the story as to why the Cruciatus is an Unforgivable but not many other horrible curses, because let’s face it, everything can be used to humiliate, hurt and torture, as proved by the commonplace Charms used by the Marauders against Snape. What they did to him in his “worst memory” would lead to charges of assault in our world and the fact that there were absolutely no consequences for what was obviously repeated instances of bullying and demeaning is all the more shocking. Just like all the other evidences of bullying in all seven books. Unfortunately, human beings’ creativity applies to torture and evil pursuits of all sorts just as efficiently as to anything else.

1/ Victim: Edmund Flint, male, 15, pureblood, Slytherin.

Imprisoned in the Slytherin Common Room without means to protect himself at the beginning of the Battle of Hogwarts, then sent away to Hogsmeade with the whole House of Slytherin under the sole protection of Horace Slughorn.

Left in the sole company of other minors after being told he could either stay in the Hog’s Head, a pub full of alcoholic beverages without adult supervision in the middle of a war zone or go home, without any mean to do so.

Charges: Ill-treatment of a minor by a person in a position of trust. Wilful endangerment of a minor by a person in a position of trust.

Official result of investigation and exhibits:

Auror Office Investigation Report, dated and signed, 12th April 1999, Auror Mark Savage. Countersigned, 13th April 1999, John Dawlish, Head Auror. Witnesses: Cornelius Flint, wizard (father), Arabella Flint née Filch, witch (mother).

Signed statement of Headmistress Minerva McGonagall, witch, 24th May 1999, received by Auror Harry Potter.

Signed statement of Professor Horace Slughorn, wizard, 25th May 1999, received by Auror Terry Boot.

Signed statement of Aberforth Dumbledore, wizard, received by Auror Terry Boot, 25th May 1999

2/ Victim: Silas Cox, male, 14, muggle-born, Hufflepuff.

Sent by Headmaster Snape to Amycus Carrow to decide an appropriate punishment for the so-called stealing of true wizard magic with threats and racist insults. Verbal and physical humiliation, corporeal mistreatments and Cruciatus at the hands of Amycus Carrow, Deputy Headmaster’s in his office before being transferred to the Muggle Registration Commission under Headmaster Snape’s authority and then to Azkaban.

Charges: Commission and authorisation of crimes against Wizardkind: as Headmaster, Snape has authority on what happens in the school. The transfer to the MUggle Registration Commission makes Snape an accomplice of Umbridge, so Complicity of Crimes against Wizardkind.

Official result of investigation and exhibits:

Auror Office Investigation Report, dated 12th March 1999, signed : illegible, Auror. Countersigned, 16th April 1999, John Dawlish, Head Auror. Witnesses : Andrew Cox, Muggle (father), Susan Cox née Smith, Muggle (mother).

Order of transfer signed by PP A. Carrow 4th September 1997.

Medical certificate signed by Dr Malcolm Baskerville, psychiatrist, Muggle, dated 15th September 1998.

Statement signed by Priscilla Bowen, Muggle, psychologist, dated 18th November 1998.

3/ Victim: Mathias Crawford, male, 17, muggle-born, Hufflepuff.

Sent by Headmaster Snape to Amycus Carrow to decide an appropriate punishment for the so-called stealing of true wizard magic. Racist insults, verbal and physical humiliation + Cruciatus in the Deputy Headmaster’s office before being transferred to the Muggle Registration Commission under Headmaster Snape’s authority and then to Azkaban.

Charges: Commission and authorisation of crimes against Wizardkind. Complicity of Crimes against Wizardkind.

Official result of investigation and exhibits:

Auror Office Investigation Report, dated 10th March 1999, signed : illegible, Auror. Countersigned, 16th April 1999, John Dawlish, Head Auror. Witness : Mathias Crawford, wizard.

Medical certificate signed by Healer Marcus Fleming, St Mungo’s, dated 15th May 1998.

4/ Lewis Pucey, male, 13, pureblood, Slytherin

Imprisoned in the Slytherin Common Room without means to protect himself at the beginning of the Battle of Hogwarts, then sent away to Hogsmeade with the entire House of Slytherin under the sole protection of Professor Horace Slughorn.

Left with the sole company of others minors after being told he could either stay in the Hog’s Head, a pub full of alcoholic beverages without adult supervision in the middle of a war zone or go home, without any mean to do so.

Charges: Ill-treatment of a minor by a person in a position of trust. Wilful endangerment of a minor by a person in a position of trust.

Official result of investigation and exhibits:

Auror Office Investigation Report, dated and signed, 12th April 1999, Auror Mark Savage. Countersigned, 13th April 1999, John Dawlish, Head Auror. Witnesses: Aurelian Pucey, wizard (father), Anna Pucey née Parkinson, witch (mother)

Signed statement of Headmistress Minerva McGonagall, witch, 24th May 1999, received by Auror Harry Potter.

Signed statement of Professor Horace Slughorn, wizard, 25th May 1999, received by Auror Terry Boot.

Signed statement of Aberforth Dumbledore, wizard, received by Auror Terry Boot, 25th May 1999

5/ Victim: Nigel Barber, male, 15, muggle-born, Ravenclaw.

Summoned by the Headmaster in his office, had been ordered to bare himself and then to kneel down in front of the Headmaster. As he was apparently too slow to comply, was booted on to the floor and Divested of his clothes. Forced to kneel by brute force, suffered lewd insults, touching and anal penetration with fingers and an object he could not identify. Was denied help although he was bleeding and sent straight away to the Muggle Registration Commission and then to Azkaban.

Charges: Crime against wizardkind: racially aggravated rape. Complicity of crimes against wizardkind

Official result of investigation and exhibits: Auror Office Investigation Report, dated 15th March 1999, signed : illegible, Auror. Countersigned, 16th April 1999, John Dawlish, Head Auror. Witnesses: Philip Barber, Muggle (father), Carol Barber née Davis, Muggle (mother)

Order of transfer signed PP A. Carrow 3rd September 1997

Medical certificate signed by Dr Alan Kiffin, Muggle, MD, dated 19th February 1999.

Statement signed by Anthony Llewelyn, Muggle, psychologist, dated 22nd February 1999.

6/ Victim: Angus Foester, male, 13, muggle-born, Hufflepuff

Sent by Headmaster Snape to Amycus Carrow to decide an appropriate punishment for the so-called stealing of true wizard magic with racist insults. Threats, racist insults, corporeal mistreatments and Cruciatus at the hands of Amycus Carrow, Deputy Headmaster’s in his office before being transferred to the Muggle Registration Commission and then to Azkaban.

Charges: Commission and authorisation of crimes against Wizardkind. Complicity of Crimes against Wizardkind.

Official result of investigation and exhibits: Auror Office Investigation Report, dated 12th March 1999, signed : illegible, Auror. Countersigned, 16th April 1999, John Dawlish, Head Auror. Witness: Jill Foester, Muggle (mother)

Order of transfer signed PP A. Carrow 8th September 1997

Medical certificate signed by Dr Stanley Watts, Muggle, psychiatrist dated 16th June 1998.

Statement signed by Stella Meyrick, Muggle, psychologist, dated 29th June 1998.

7/ Victim: Sarine Brady, female, 17, muggle-born, Ravenclaw

Sent by Headmaster Snape to Alecto Carrow in the Room of Punishment that he allowed to be re-opened and refurbished. Miss Brady was chained, disrobed, mocked and insulted before being whipped and tortured by both Carrows. She was Cruciated for allegedly being a thief of magic but also with the claimed intent to destroy fertility by aiming specifically at her sexual organs. Transferred straight away to the Muggle Registration Commission and then to Azkaban without any kind of healing, comfort or medication.

Charges: Commission and authorisation of crimes against Wizardkind. Complicity of Crimes against Wizardkind.

Official result of investigation and exhibits: Auror Office Investigation Report, dated 12th March 1999, signed : illegible, Auror. Countersigned, 16th April 1999, John Dawlish, Head Auror. Witness: Sarine Brady, witch.

Medical certificate signed by Dr David Gruffud, Muggle, gynecologist, dated 16th June 1998.

Statement signed by Rhiannon Jones, Muggle, psychologist, dated 29th June 1998.

8/ Victim: Malika Azouz, female, 16, muggle-born, Ravenclaw.

Summoned by the Headmaster in his office, was threatened with torture and Azkaban until she cried and pleaded for mercy. Was then told she could be spared if she proved she could be a good girl and did as she was told. Was ordered to kneel down in the middle of the room and subjected to a lecture about obedience, before being ordered to bare herself and come sit in the Headmaster’s lap. She then had to repeat lewd words implying that she wanted a sexual relationship with the Headmaster, followed by forceful vaginal penetration with his fingers until she bled. As she cried for mercy again, she was then thrown on the floor, told to get dressed and sent straight away to the Muggle Registration Commission and then to Azkaban.

Charges: Crime against wizardkind : racially aggravated rape. Complicity of crimes against wizardkind.

Official result of investigation and exhibits:

Auror Office Investigation Report, dated 15th March 1999, signed : illegible, Auror. Countersigned, 16th April 1999, John Dawlish, Head Auror. Witnesses : Ahmed Azouz, Muggle (father), Khadija Attrach, Muggle (mother).

Medical certificate signed by Dr Brent Lewis, gynecologist, dated 19th February 1999.

Statement signed by Jennifer Lloyd, Muggle, psychologist, dated 22nd February 1999.

9/ Victim: Anjum Gururani, female, 11, muggle-born, Ravenclaw

Sent by Headmaster Snape to Alecto Carrow in the Room of Punishment that he allowed to be re-opened and refurbished. Miss Gururani was chained, mocked and insulted before being disrobed and whipped for allegedly being a thief of magic. Cruciated for her supposed crime and to make her incapable to reproduce. Transferred to the Muggle Registration Commission without any kind of healing, comfort or medication and then to Azkaban.

Charges: Commission and authorisation of crimes against Wizardkind. Complicity of Crimes against Wizardkind.

Official result of investigation and exhibits:

Auror Office Investigation Report, dated 16th March 1999, signed : illegible, Auror. Countersigned, 18th April 1999, John Dawlish, Head Auror. Witnesses: Baru Gururani, Muggle (father), Ishma Kasi, Muggle (mother)

Order of transfer signed PP A. Carrow 3rd September 1997

Medical certificate signed by Dr Ceri Dewey, psychiatrist, Muggle, dated 19th January 1999.

Statement signed by Priscilla Bowen, Muggle, psychologist, dated 21st January 1999.

10/ Victim: Sarah Bartholomew, female, 13, muggle-born, Ravenclaw

Called by Deputy Headmaster Amycus Carrow, in presence of Headmaster Severus Snape and the whole school, with Allison Hatter. Deciding that further investigation about her situation was necessary, Headmaster Snape took her to his office while Amycus Carrow interrogated the other girl. While alone with the Headmaster, Miss Bartholomew was subjected to insults and threats before being told she could save her life if she did what she was told. She had to disrobe and turn round down several times while naked, then was ordered to put both hands on the desk and lean forward. She was then subject to touching and fingering of her breasts and sex and had her vaginal and anal orifices penetrated by fingers and something hard and cold that tore her. Amycus Carrow collected the girl, who was bleeding and unconscious, some time later to send her to the Muggle Registration Commission and then to Azkaban.

Charges: Crime against wizardkind: racially aggravated rape. Complicity of crimes against wizardkind.

Official result of investigation and exhibits: Auror Office Investigation Report, dated 4th January 1999, signed : illegible, Auror. Countersigned, 7th January 1999, John Dawlish, Head Auror. Witnesses : David Bartholomew, Muggle (father), Hanna Brown, Muggle (mother).

Order of transfer signed PP A. Carrow 1st September 1997

Medical certificate signed by Dr Ceri Taylor, MD, Muggle, dated 19th January 1999.

Medical certificate signed by Dr Abbas Patel, Psychiatrist, Muggle, 1st April 1999

11/ Victim: Johanna Bettelman, female, 17, muggle-born, Hufflepuff

Sent by Headmaster Snape to Alecto Carrow in the Room of Punishment that he allowed to be re-opened and refurbished. She was chained, disrobed, mocked and cursed with the Cruciatus specifically aimed at her womb and genitals to « make her pay » for allegedly stealing the magic of true wizards, “render her incapable to spread her vicious kind” and “lead true wizards away from their duty to their magical blood line”. Transferred to the Muggle Registration Commission and then to Azkaban without the benefit of any kind of healing.

Charges: Commission and authorisation of crimes against Wizardkind. Complicity of Crimes against Wizardkind.

Official result of investigation and exhibits: Auror Office Investigation Report, dated 10th march 1999, signed : illegible, Auror. Countersigned, 16th April 1999, John Dawlish, Head Auror. Witness: Johanna Bettelman, witch.

Medical certificate signed by Healer Amanda Fleamont, St Mungo’s, dated 15th May 1998.

12/ Victim: Allison Hatter, female, 14, muggle-born, Gryffindor (deceased)

Called by Deputy Headmaster Amycus Carrow, in presence of Headmaster Severus Snape and the whole school, with Sarah Bartolomew.

Threats, racist insults, corporeal mistreatments and Cruciatus at the hands of Amycus Carrow, Deputy Headmaster’s in his office before being transferred to the Muggle Registration Commission and then to Azkaban.

Charges: Commission and authorisation of crimes against Wizardkind. Complicity of Crimes against Wizardkind.

Official result of investigation and exhibits:

Auror Office Investigation Report, dated 8th march 1999, signed : illegible,Auror. Countersigned, 16th march 1999, John Dawlish, Head Auror. Witness: John Hatter, muggle (father).

Interrogation of Amycus Carrow (July 1998). Minutes of the trial of Amycus Carrow (October 1998).

Death certificate, Azkaban Prison, 28th November 1997.

13/ Victim: Rodolfo Marconi, 15, muggle-born, Hufflepuff.

Summoned by the Headmaster in his office, had been ordered to bare himself and then to kneel down in front of the Headmaster. Complied out of fear. Was left kneeling for a very long time until he could not help shifting. He was immediately punished by being pushed full-flat and beaten with a kind of rod, insulted and put in full Body Bind. Had then to suffer being touched and an anal penetration with something he could not identify, in spite of his cries and pleading. Was then sent straight away, without the benefit of any kind of healing to the Muggle Registration Commission and then to Azkaban.

Charges: Crime against wizardkind: racially aggravated rape. Complicity of crimes against wizardkind.

Official result of investigation and exhibits:

Auror Office Investigation Report, dated 15th March 1999, signed : illegible, Auror. Countersigned, 16th April 1999, John Dawlish, Head Auror. Witnesses : Bartolino Marconi, Muggle (father), Alessandra Rossi, Muggle (mother)

Medical certificate signed by Dr Anita Wilson, Muggle, MD, dated 19th February 1999.

Statement signed by Glenda Price, Muggle, psychologist, dated 22nd February 1999.

14/ Victim: Kim Donnelly, female, 14, muggle-born, Hufflepuff

Sent by Headmaster Snape to Alecto Carrow in the Room of Punishment that he allowed to be re-opened and refurbished. Miss Donnelly was chained, disrobed, mocked and insulted before being whipped and tortured by both Carrows. She was Cruciated for allegedly being a thief of magic but also to prevent her to ever spread « parasite offspring » with the claimed intent to destroy fertility by aiming mainly at her sexual organs. At one point, the Headmaster hoped in the room and interrupted his Deputies, but told them to go on, that he simply wanted to watch, even as Miss Donelly pleaded with him to make them stop. Transferred straight away after her torture to the Muggle Registration Commission and then to Azkaban without any kind of healing, comfort or medication.

Charges: Commission and authorisation of crimes against Wizardkind. Complicity of Crimes against Wizardkind.

Official result of investigation and exhibits: Auror Office Investigation Report, dated 18th March 1999, signed : illegible, Auror. Countersigned, 19th April 1999, John Dawlish, Head Auror. Witnesses : Nigel Donnelly, Muggle (father), Sarah Brown, Muggle (mother)

Order of transfer signed PP A. Carrow, 6th September 1997

Medical certificate signed by Dr Gary Vaughan, Muggle, gynecologist, dated 25th January 1999.

Statement signed by Brian Hill, Muggle, psychologist, dated 11th February 1999.

15/ Victim: Melinda Martin, female, 11, muggle-born, Hufflepuff (deceased)

Sent by Headmaster Snape to Alecto Carrow to decide an appropriate punishment for the so-called stealing of true wizard magic. The Deputy Headmistress decided that Miss Martin was a stupid, insolent mudblood who needed to learn her place and Cruciated her. She was transferred to the Muggle Registration Commission and then to Azkaban, where she died within a few days.

Charges: Commission and authorisation of crimes against Wizardkind. Complicity of Crimes against Wizardkind.

Official result of investigation and exhibits: Auror Office Investigation Report, dated 17th March 1999, signed : illegible, Auror. Countersigned, 18th April 1999, John Dawlish, Head Auror. Witnesses : Scott Martin, Muggle (father), Holly Taylor, Muggle (mother)

Interrogation of Amycus Carrow (July 1998). Minutes of the trial in absentia of of Alecto Carrow (October 1998).

Death Certificate, Azkaban Prison, 5th September 1997

** THE ACT OF ACCUSATION **

I used as inspiration cases from various International Criminal Tribunals. In Unforgiven Pride, Snape may not be guilty of most of the crimes in his act of accusation or he has the justification of acting undercover for the Order of the Phoenix, it does not make him innocent either, whatever extenuating circumstances we can find or want to find. I will certainly not tell at this point what the verdict will be, even if it the evil author that I am has long written it, but I hope reading this will leave you at least a little uneasy and reflecting about what Justice is really about, and how mere flesh and blood people pretend they can render it - let alone live with it. 

You may note contradictions or redundancy in some charges. It is not a mistake. I also particularly enjoyed drafting possible offences of "ill-treatment" and "wilful endangerment" of a minor by a person in a position of trust. Ha! According to the entire HP saga, the entire staff of Hogwarts and most adults should be charged with that one... But it is a children story, isn't it?

Accusation

| 

Justification

| 

Possible sentence  
  
---|---|---  
  
High treason

| 

Levying war against Wizarding Britain, adhering to and giving aid to known enemies of its government; attempting to undermine lawfully established order and peace of Wizarding Britain

| 

Azkaban, life sentence

\+ Seizing of private assets  
  
Crimes against Wizardkind

| 

Rape and abuse of Muggleborn students

| 

Azkaban, life sentence

\+ indemnities to victims

\+ Seizing of private assets  
  
Commission and authorisation of crimes against Wizardkind

| 

As Headmaster, ordered or let his Deputies abuse and torture his students

| 

Azkaban, life sentence  
  
Complicity in Crimes against Wizardkind

| 

Complied with and assisted in the work of the Muggle Investigation Commission

| 

Azkaban, 50 years up to life sentence  
  
War Crimes

| 

Murder of Emeline Vance

Murder of Albus Dumbledore

| 

Azkaban, 50 years up to life sentence  
  
Membership in an organisation concerned with terrorism; participation in the activities of the said organisation

| 

Active member of the Inner Circle of the Death Eater Brotherhood.

| 

Azkaban, 10 to 50 years  
  
Misappropriation of school funds/Embezzlement/Abuse of office

| 

While Headmaster, ordered the school elves to provide food and various commodities to the Dumbledore’s Army, who were not technically students anymore as they defected, on school funds.

| 

Loss of civil rights, duration to the appreciation of the court

\+ fine at the appreciation of the court  
  
Ill-treatment of a minor by a person in a position of trust. Wilful endangerment of a minor by a person in a position of trust.

| 

Confinement of students in the Slytherin common room without means to defend themselves during combat at Hogwarts, then evacuation without adult supervision in a war zone in Hogsmeade.

| 

Loss of civil rights, duration to the appreciation of the court

\+ fine at the appreciation of the court  
  
**Author's Note:**

> If you know about judicial procedures and would be willing to alpha or beta the trial chapters, please message me!


End file.
